This Broker Carrier Agreement (this "Agreement"), is made effective as of 20th day of September, 2021 (the "Effective Date"), by and between RPM LLC, located at 205 Hamilton Row, Suite 200, Birmingham 48009, MC # 767565 ("Broker"), and xxxxxxx located in, Ashville, NY, a licensed motor carrier authorize
WHEREAS, Broker arranges for the transportation of freight and products owned or controlled by its customers (individually and collectively, "Customers"), which includes the selection of a carrier and the payment of transportation charges; and
WHEREAS, Broker desires that Carrier perform transportation of shipments that Broker has obtained under its arrangements with its Customers, subject to the terms and conditions of this Agreement.
THEREFORE, for valid consideration received, the parties agree as follows:
1. Term. The term of this Agreement shall commence on the Effective Date and shall continue thereafter from year to year until terminated by either party, with or without cause, on thirty (30) days prior written notice at any time.
2. Independent Contractor; Performance of Services. Carrier understands and agrees that Carrier is an independent contractor of Broker and that Carrier has exclusive control and direction of the work Carrier performs pursuant to this Agreement and each Tender Document (defined below). Carrier represents that it is registered with Federal Motor Carrier Safety Association ("FMCSA") as a motor carrier in interstate, intrastate, and/or foreign commerce and is in all respect qualified to transport freight as required by Broker. Carrier agrees to assume full responsibility for the payment of all local, state, federal and provincial payroll taxes, and contributions or taxes for unemployment insurance, workers' compensation insurance, pensions, and other social security or related protection with respect to the persons engaged by Carrier for Carrier's performance of the transportation and related services for Broker or the Customer, and Carrier agrees to indemnify, defend and hold Broker and Customer(s) harmless therefrom. Carrier agrees to perform the services under this Agreement in accordance with the highest standards of the industry, operating under its own authority, using its own employees and using its own tractor unit. Carrier shall be wholly responsible for performing the contemplated transportation and for all costs and expenses of such transportation, including, without limitation, costs and expenses of all Carrier's transportation equipment, its maintenance, and those persons who operate it. In providing services, Carrier represents and warrants that the driver(s) utilized are competent and properly licensed, and are fully informed of their responsibilities for the protection and care of the involved commodities.
Note: The complete Broker - Carrier Agreement is available for download as a PDF using the button above.